What are the twin pillars of justice?

Answer 1

It depends on what you mean by your question ...

A. Criminal Justice

If you're question is referring to crime prevention and society as a whole, then the answer is:

1. Law
2. Order

Simply put, the police enforce the laws as written, and the court system acts as both a check on police powers and enforcement vehicle for statutory penalties.

Society, through its representatives in the Congress (federal level), Legislature (state level), Council (county and local level) enact laws.

Various law enforcement departments and agencies (i.e., police, sheriff, state police and/or federal law enforcement) act to enforce criminal laws. Police investigate, collect evidence and arrest law breakers.

The court system acts as both a check on police powers and enforcement mechanism implementing the statutory penalties as provided for in the statutes. The courts establish rules and procedures for what evidence is allowable, reviews the allowable evidence, listens to arguments by the government, and provides the defendant the opportunity to respond or rebut the government's evidence. Upon the conclusion of the trial, the court (either a judge alone, or a jury) renders a decision.

B. Legal System

If you are referring to just the court system, then the answer is:

1. Law
2. Equity

"Law" is also known as "black letter law." That is, the express literal interpretation of the constitutions, statues, ordinances, rules and regulations are written; literally reading the language an using everyday knowledge to understand the text that was written.

"Equity" in "English common law" countries, like the US, refers to the set of legal principles that supplement (but do not supplant) "black letter law." Equity is not written in the statutes; its a set of understood interpretations of the principals underlying the "black letter law." Equity softens the often harsh "black letter law" where strict application would operate harshly. In civil legal systems, broad "general clauses" allow judges to have similar leeway in applying the code.

Here's an example often used to illustrate the difference. Please bear with me:

Picture yourself at a small but well landscaped city park on a pleasant late spring day. The flowers are in bloom, the lawns are dark green and aromatic, the tress are tall, full and green. There is a central pond with a footpath along its perimeter. The footpath has several park benches spaced along the path facing the pond.

As you walk along the path, you notice young mothers with their infant and young children playing, an elderly man reading, a teenage couple having an intimate conversation, and people of various ages picnicking and playing on the green spaces.

As you have come full circle on the path and take another leisurely stroll around the pond, you notice that an infant and young child are asleep on a blanket near their mother, and the elderly man has now fallen asleep.

At the entrance and spaced throughout the park are signs that state: "No sleeping in the park. Strict enforcement. Violators shall be arrested and subject to fine and/or imprisonment for any violation of this ordinance."

Under "black letter law," the elderly man, the infant, the young child (and possibly the mother as legal guardian of the infant and young child) are "guilty" of violating the "no sleeping in the park" ordinance. Strict interpretation of the law as written by the elected representatives leaves no room for doubt - they are all guilty and must be fined and/or imprisoned. The express language of the statute leaves no discretion.

Equity, however, stops and asks the question: "Is this what the law writers intended when they wrote the 'no sleeping' statute? Do we really want to fine and/or imprison a baby, child or the elderly for simply falling asleep?" Equity attempts to force the final decision makers - whether its a judge or a jury - to stop and think before deciding. Equity does not negate "black letter law"; equity only asks the decision maker to determine if the principles underlying the written law apply to this situation.